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HomeMy WebLinkAboutReso 2013-012RESOLUTION NO. 2013-012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH PACIFICA LLC TO ACQUIRE 610 BAY BOULEVARD FOR $1.4 MILLION PLUS DUE DILIGENCE AND CLOSING COSTS AND AUTHORIZING THE CITY MANAGER TO ACCEPT ASSIGNMENT OF THE LEASE AGREEMENT WITH PACIFIC TRUST BANK AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (District), in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002; and WHEREAS, on May 18, 2010, the District and City adopted the Final Environmental Impact Report (UPD# 833-EIR-658; SCH No. 2005081077) for the Chula Vista Bayfront Master Plan; and WHEREAS, Phase I project level components will increase the demand for fire protection services due to the change in land uses and in order to address this impact a fire station must be constructed, staffed and operational prior to the issuance of any certificate of occupancy for the Resort Conference Center (RCC) and prior to issuance of the first building permit for the residential development on Pazcels H-13 and H-14; and WHEREAS, one of the site specific development projects that was analyzed at the project . level of detail was the construction of a new fire station; and WHEREAS, in order to ensure the public services are available commensurate with development staff has identified 610 Bay Blvd as a feasible location for a temporary fire station to service the bayfront and has the potential to be the site of the new permanent fire station No. 11; and WHEREAS, 610 Bay Boulevard became available in early October at an asking price of approximately $2 million; and WHEREAS, in early December, the seller reduced the asking price by $600,000 representing a thirty percent (30%) reduction from the initial asking price, provided a buyer could close the purchase by December 31, 2012; and WHEREAS, after learning of the reduction in price staff immediately began working with the Planning Division, Public Works Department; Finance Department, Building Division, Attorney's Office and the Fire Department to determine the suitability of this location as a temporary, and potentially permanent, fire station; and Resolution No. 2013-012 Page No. 2 WHEREAS, the initial feedback from all departments was that this site would work for a temporary, and potentially permanent, fire station; and WHEREAS, after the site visit and upon receiving direction from the City Council, staff requested that Pacifica Companies (Pacifica) perform the necessary due diligence and based on the results of the due diligence proceed to acquire the site in accordance with the timeline proposed by the seller; and WHEREAS, the result of the due diligence investigations were positive and Pacifica closed on the property on December 31, 2012; and WHEREAS, it is the City's desire to purchase the site from Pacifica for the price paid plus due diligence expenses and closing costs and it is Pacifica's desire to sell the site to the City for the price paid plus due diligence expenses and closing costs; and WHEREAS, the City anticipates that this property will be used for an interim and potentially permanent fire station and the General Fund will be reimbursed for the cost of the property through revenues generated from the bayfront as identified in the Bayfront Financing Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, hereby approves the purchase and sale agreement with Pacifica LLC to acquire 610 Bay Boulevard, in the form presented to the City Council, as may have been modified by the Council prior to its approval, a copy of which is on file in the Office of the City Clerk, and authorizes the City Manager to execute all required documents and to accept the assignment of the current lease agreement with Pacific Trust Bank and authorizes the following appropriations to the Non- Departmental budget: • $1,430,000 to the Capital expenses category from available General Fund reserves, • $27,600 to the Non CIP expense category for a newly created Non-CIP project from unanticipated lease revenues. Presented by Approved as to form by . ., AICP Glen R. oogins Manager/Director of rney Services Resolution No. 2013-012 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of February 2013 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None (~ ~~~~ ~- Cheryl Cox, yor ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-012 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of February 2013. Executed this 5th day of February 2013. /-oA~ Donna R. Norris, CMC, City Clerk